Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2005-0891248
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RECORDING REQUESTED BY ) OCT 14, 2005 11 48 AM
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trrfl1{f CITY OF POWAY ) ';,.::.JJ [IIECiO CCiUr'JT'1 RECOr-:CIEF;":; OFFICE
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CITY CLERK ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
CITY OF POWAY )
POBOX 789 ) 2005-0891248
POWAY, CA 92074 )
(FbrRecorder's Use Only)
Tax Parcel No 314-532-30
GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE
EASEMENT AND TEMRORARY CONSTRUCTION EASEMENT
FOR SOUND WALL (COMMUNITY ROAD)
Michael W, Lauderdale and Jane E. Lauderdale, Husband and Wife, As JointTenaRts
hereinafter "GRANTOR") hereby grants to CITY OF POW A Y, (hereinafter "GRANTEE"),
its successors; or assigns, the'permanent sound wall and landscape maintenance
easement and incidents thereto for construction ofa sound wall and landscaping upon,
over and across that c~rtain real property in the City of Poway, County of San Diego,
State-of California, described as follows:
(See Parcel 'A" and 'B', attached Exhibits A and B)
The GRANTOR, hereby further grants to the City of F?oway the privilege and right to
extend excavation and embankment slopes within the limits of the herein described
easement, where required for the,construction and maintenance of said sound wall. In
addition, the GRANTOR hereby further grants to the City'of Poway the privilege and
right to landscape and maintain the easement as described in' Parcel 'A' The Citywill
install and maintain landscaping as shown on landscape plans for Community Road
Improvements.
TQe GRANTOR hereby further grants to GRANTE~ all trees, growths (growing or that
may hereaflergrow), and existing wall materials within said easement, together with the
right to use the same in such manner and at such locations as said GRANTEE may
deem proper, needful or necessary, in the construction, reconstruction, or maintenance
of said easement.
'[he GRANTOR, for him/herself, his/her successors and, assigns, hereby waives any
c1aim'for any and all severance damages to GRANTOR;s remaining property contiguous
to the easement heret>y conveyed by reason of the location, construction, landscaping
or maintenance of said easement.
OS-I eB
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Tile GRANTOR hereby,flJrthergrClrlts.tb ORANTEE th,erigh,notemporarily enter and
construct n~ce~sarY re.lW:e.SlirhproveXf)e,i)ts as part ofthE;l pYQpos.ed construction .
process, This Temporaryi,yo.nstruction Easement, Els,describe9in the attached Exh,ibit
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'A'as Parcel 8, ishall be valid only until the construction has been .accepted by the
GRANIEE. After such time, the Temporary Construction Easement shall become null
and'void
INWITNESS WHEREOF, the GRANTOR ha mentthis z,{J day
of. $~~i?R.-, 2..CJ.Q4( . - .
~r ichael W
Ji~"~fd~
(Signatures must be notarized)
.M:\~.ng~e~\~.ip\!=asemen!s\CommiJriity 'Rd ~Sound'Wall Easements\Community Rd SoundWalJ 'easement~Lauderdale.doc
.. 889,6
CALIFORNIA,ALI:,PURPOSE,AcKNOWLEDGMENT
,S1ate'<if California }
'31 t'.. ss.
County of ". C\ \..J ieerl}
on~ber.;llo'.~.foreme, srerr,e iDNJtXr~l~ \Jl>TG.r~'
. Date -, . e and Title of Officer (e.g.;."Jane e,NolaryPubllc")
',,", _..-~ ,- -""
personally appeared . \ c. "'.
Name(s)of Si?oer(s!
o personally, known to me
~ proved to me on the basis of satisfactory
evidence
1- "" ... "- - ~ - '"' - -- - f
. .. . llI4ERIlIl! D: WORRELL' to be the perso~ whose name~ is~
_.'.' Comm..... < iUiOn. # 142}698' SUbS.Cii..b ed. to. .th.e 'within in ~trument. and
j' ""*'!YPubfjc -'Callfomla ~. acknowledged to me that hBIai'le/@executed
, . .. Ian DIegO COUIlIy. =' the same .in Rislher~' authorized
.. .. MrComm:..ExJllreoJ~30.:. capacity(~ and that by Ri<iIhm1@
. :":,,. -''--' -: ..-,.- -, ~ " slgnature(gon;the,mstrument the:persOr@jor
the entityupgn'behajj of which the person€))
acted, executed the instrument.
Signat,urea! otaryPubllc
OPTIONAL
Though the information betol;\! is not required by faw,:it may prove. valuable to persons relying on-the'document and could prevent
. fraudu'(erit removal and reattachment of this lonn to 'another doiument~
Description otAttached'Document
Title or Type of Document
Document Date: Number of Pages:
'Signer(s) Other Than Named Above:.
Capacity(ies),Claimed by Signer
Signer,'s:Name:
o Individual Top of Ihum~'here'
o CorpofateOfficer- Title(s):
o Partner ~ 0 Limited o General
o Attorney'in-Fact
o Trustee
D Guardian or Conservator
i::J 6iher:'" ..' ..
.Signer is Representing:
c 1999 Nalionlil Notary AssoCiation' 9350 Oil Solo AVfJ., P.O: 80K 2402' Chalsworth, CA 91313.2402' www.nallonalnotary.orgProd.No. 5907 Reorder, Call Toll Free 1-600-&76-6827
"
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8897
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING. MICHAEL W LAUDERDALE AND JANE E, LAUDERDALE, HUSBAND AND
WIFE, AS JOINT TENANTS
APN 314-532_30
PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 9 OF LAS CADENAS UNIT NO, I, IN THE CITY OF POWA Y, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO 7415,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 30,
1972, AS DESCRIBED IN DEED OFTRUST RECORDED DECEMBER 31, 2002 AS FILE NO 2002-
1205075, DESCRIBED AS FOLLOWS.
THE EASTl4,OO FEET OF SAID LOT 9 OF MAP NO 7415, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF
CONTAINING 840 SQUARE FEET MORE OR LESS
PARCEL B TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 9 OFLAS CADENAS UNIT NO I, IN THE CITY OF POWAY COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO 7415,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 30,
1972, AS DESCRIBED IN DEED OF TRUST RECORDED DECEMBER 31,2002 AS FILE NO 2002-
1205075, DESCRIBED AS FOLLOWS,
- THE EAST 27,00 FEET OF SAID LOT 9 OF MAP NO, 7415, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE THEREOF, EXCEPTING THEREFROM THE EAST 14,00 FEET AS
DESCRIBED IN PARCEL A ABOVE,
CONTAINING 780 SQUARE FEET MORE OR LESS
SAID TEMPORARY CONSTRUCTION EASEMENT SHALL TERMINATE WITHIN 30 DA YS OF
THE FILING OF NOTICE OF COMPLETION OF THE COMMUNITY ROAD SOUND WALL
PROJECT
ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT
LABELED EXHIBIT "B"
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT
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MICHAELSCHLUMPBERGER, PLS 7790 , DATE
EXHIBIT US" ,
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28' SCAlE 1""20
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II DENOTES AREA OF TEMPORARY CONSTRUCTION EASEMENT a:> .
780 SQ. FT. MORE OR LESS
V///1 NOTE. ALL DIMENSIONS SHOWN
HEREON ARE COMPILED FROM
RECORD DATA,
ASSESSORS' PARCEL NO.. 314-532-30
Right-Or-Way Engineering Services, Inc, CITY OF POWAY
Land Surveying
4167 Avenida de 1a Plata Sle. 114 Oceanside, CA 92056 VESTING, MICHAEL W, LAUDERDALE AND JANE E.
(760) 732-1366 FAX (760) 732-1367 LAUDERDALE, HUSBAND AND WIFE, AS JOINT TENANTS
Drawing file nome: comm314-532-30.dwg
DA TE, JUNE 1 2004 SHEET 1 OF 1
,
. .
889<a
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated September 27, 2005, from Michael W Lauderdale and Jane E, Lauderdale,
Grantor, to the City of Poway, Grantee, a political corporation and/or governmental
agency is hereby accepted by the undersigned officer or agent on behalf of the City
Council pursuant to authority <:;onferred by Resolution No 34 adopted on January 20,
1981 and the grantee consents'to recordation thereof by its duly authorized officer
Dated September 26, 2005 CITY OF POWAY
Seal BY~